2015 ORS 192.606¹
Civil liability for violation of ORS 192.583 to 192.607
  • attorney fees
  • status of evidence obtained in violation

(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater.

(2) Any customer who suffers any ascertainable loss as a result of a negligent violation of ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) by any person, may bring an individual action in an appropriate court to recover actual damages.

(3)(a) Except as provided in paragraph (b) of this subsection, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(b) The court may not award attorney fees to the state or a political subdivision of the state if the state or political subdivision prevails in an action under this section.

(4) An action to enforce any provision of ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) must be commenced within two years after the date on which the violation occurred.

(5) Evidence obtained in violation of ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) is inadmissible in any proceeding. [Formerly 192.590]

(formerly 192.590)

Notes of Decisions

Provision making evidence obtained without following prescribed pro­ce­dures inadmissible is not superseded by ORS 136.432 (Limitation on court's authority to exclude relevant evidence). State v. Thompson-Seed, 162 Or App 483, 986 P2d 732 (1999)

Chapter 192

Atty. Gen. Opinions

Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21


1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.